(DOWNLOAD) "Elisha Genaro Davis v. State Texas" by Fourteenth District, Houston Nos. B14-89-01046-CR, B14-89-01047-CR Court of Appeals of Texas # eBook PDF Kindle ePub Free

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• Title: Elisha Genaro Davis v. State Texas
• Author : Fourteenth District, Houston Nos. B14-89-01046-CR, B14-89-01047-CR Court of Appeals of Texas
• Release Date : January 11, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Appellant was indicted in separate causes for the felony offenses of delivery of cocaine, a controlled substance. TEX. HEALTH & SAFETY CODE ANN. ? 481.112. The cases were tried together to a jury which found appellant guilty of both offenses. Enhanced by two previous convictions for possession of cocaine, punishment was assessed by the jury at thirty-three years confinement in the Texas Department of Criminal Justice-Institutional Division. Appellant brings six points of error. We affirm. In his first and second points of error, appellant claims that the trial court abused its discretion: in denying appellant's motion to quash the jury panel based upon its viewing prisoners handcuffed together; and in limiting appellant's voir dire by prohibiting questions regarding their viewing prisoners handcuffed together. Prior to this case the panel observed two groups of handcuffed inmates being escorted either to court or back to the county jail while the panel waited in the hallway. Appellant does not claim that he was a member of either of the inmate groups. The record shows that he was not present. The first time the venire panel saw the appellant, he was dressed in civilian clothes. Appellant claims that allowing jury panels to view inmates in a ""chain"" undermines the due process guarantees of the Fourteenth Amendment, and therefore this case must be reversed.

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